By Davis H.B. No. 3161
Substitute the following for H.B. No. 3161:
By Brady C.S.H.B. No. 3161
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for truancy and to creating a teen court
1-3 program for truancy in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.021(d), Family Code, is amended to
1-6 read as follows:
1-7 (d) On a finding by the justice court that the child has
1-8 engaged in truant conduct and that the conduct is of a recurrent
1-9 nature, the court may enter an order that includes one or more of
1-10 the following provisions requiring that:
1-11 (1) the child attend a preparatory class for the high
1-12 school equivalency examination provided under Section 11.35,
1-13 Education Code, if the court determines that the child is too old
1-14 to do well in a formal classroom environment;
1-15 (2) the child attend a special program that the court
1-16 determines to be in the best interests of the child, including an
1-17 alcohol and drug abuse program;
1-18 (3) the child and the child's parents, managing
1-19 conservator, or guardian attend a class for students at risk of
1-20 dropping out of school designed for both the child and the child's
1-21 parents, managing conservator, or guardian;
1-22 (4) the child complete reasonable community service
1-23 requirements;
2-1 (5) the child's driver's license be suspended in the
2-2 manner provided by Section 54.042 of this code;
2-3 (6) the child attend school without unexcused
2-4 absences; <or>
2-5 (7) the child participate in a tutorial program
2-6 provided by the school attended by the child in the academic
2-7 subjects in which the child is enrolled for a total number of hours
2-8 ordered by the court; or
2-9 (8) the child and the child's parents, managing
2-10 conservator, or guardian attend counseling sessions.
2-11 SECTION 2. Chapter 54, Family code, is amended by adding
2-12 Section 54.022 to read as follows:
2-13 Section 54.022. DEFERRAL OF PROSECUTION AND DISMISSAL OF
2-14 CERTAIN CASES ON COMPLETION OF TEEN COURT PILOT PROGRAM. (a) This
2-15 section applies only to a justice court in a municipality with a
2-16 population of 465,000 or more.
2-17 (b) A justice court shall defer proceedings under Section
2-18 54.021 for 90 days if the child:
2-19 (1) is alleged to have engaged in conduct described by
2-20 Section 51.03 (b) (2);
2-21 (2) waives the privilege against self-incrimination
2-22 and testifies under oath that the allegations are true; and
2-23 (3) presents to the court an oral or written request
2-24 to attend a teen court program.
2-25 (c) The teen court program must be approved by the court.
3-1 (d) The court may employ a teen court coordinator to assist
3-2 the court in administering the teen court program, including:
3-3 (1) scheduling teen courts;
3-4 (2) recruiting teen volunteers to participate in the
3-5 program as judges, jurors, prosecuting attorneys, defense
3-6 attorneys, bailiffs, and clerks; and
3-7 (3) assisting in implementing the sentence imposed on
3-8 the child.
3-9 (e) The justice of the peace of the court in which the
3-10 proceeding is deferred shall oversee the teen court proceeding.
3-11 (f) Subject to the approval of the court, a teen court may
3-12 require a child found to have engaged in conduct under Section
3-13 51.03(b)(2) to perform community service or to attend counseling.
3-14 (g) The court may require a child who requests a teen court
3-15 program to pay a fee not to exceed $20 that is set by the court to
3-16 cover costs of administering this section. Fees collected by the
3-17 court shall be deposited in the county treasury of the county in
3-18 which the court is located. A child who requests a teen court
3-19 program and fails to complete the program is not entitled to a
3-20 refund of the fee.
3-21 (h) The court shall dismiss the case with prejudice at the
3-22 conclusion of the deferral period if the child presents
3-23 satisfactory evidence that the child has successfully completed the
3-24 teen court program.
3-25 (i) A case dismissed under this section may not be part of
4-1 the child's records for any purpose.
4-2 (j) This section expires September 1, 1999.
4-3 SECTION. (a) Notwithstanding any conflicting provision of
4-4 any other Act of the 74th Legislature, Regular Session, 1995, this
4-5 Act applies to conduct that occurs on or after the effective date
4-6 of this Act, and this Act continues in effect after January 1,
4-7 1996. Conduct that occurs before the effective date of this Act is
4-8 governed by the law in effect when the conduct occurred, and the
4-9 former law continues in effect for that purpose.
4-10 (b) Notwithstanding any conflicting provision of any other
4-11 Act of the 74th Legislature, Regular Session, 1995, the Texas
4-12 Juvenile Probation Commission shall provide grants on request to
4-13 justice courts for funding teen court programs established under
4-14 Section 54.022, Family Code, as added by this Act, for a total
4-15 amount of $100,000 each year of the fiscal biennium ending August
4-16 31, 1997, from the funds appropriated to the commission for
4-17 providing funding to juvenile boards and probation departments.
4-18 The Texas Juvenile Probation Commission shall establish procedures
4-19 to implement this subsection.
4-20 SECTION 3. This Act takes effect September 1, 1995.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.